actually can be part of it or is a conduit for the clients to engage in crime. and when that happens, and the judge finds that by a preponderance of the evidence that is more likely than not, then the attorney client privilege and the work product privilege go away. and that is what judge carter found again, today, he had previously found that with respect to certain documents, with respect to mr. eastman, and mr. trump, communicating with each other. related to the obstruction of the congressional votes. here, he finds that, again, with respect to some of the documents, and goes further to say, as you note, lawrence, that there is additional obstruction related to the sort of vote tally in georgia. both it could be a federal crime, as well as a state crime. the import of that being my word, if it is bolsters at
than not that president trump corruptly attempted to obstruct the joint session of congress on january 6th, 2021. and today, the judge takes that point much further! in today s decision, judge carter had to consider whether the evidence of criminal conduct was strong enough to overturn the attorney-client privilege that would normally protect john eastman s emails with or about his client, donald trump. judge carter found that several of the emails are subject to the crime, fraud exception. the attorney client privilege, and must be turned over to the committee. they must show that donald trump was told that the voter fraud numbers that donald trump and his lawyers used in a state lawsuit in georgia, we are wrong! judge carter explains what happens next. president trump and his attorneys then decided to contest the state court proceeding in federal court, and discuss a cooperating by
saying the emails are not protected by attorney client privilege, because of the crime fraud exception. to the attorney client privilege. tonight s law school class here will be about the crime fraud exception. federal judge david carter who was appointed by president clinton wrote, the crime fraud exception applies when, won a client consult an attorney for advice that will serve them in the commission of a fraud or crime, and to the communications are sufficiently related to and were made in furtherance of the crime. attorney john eastman sought the protection of the federal courts in california, where he lives in his attempt to refuse to hand over emails, subpoenaed by the january six committee. judge carter will move against john eastman against or early this year, finding in of march, quote, that it is more likely
so normally, a defendant who is speaking with her counsel is entitled to say that those communications between the client and counsel are privileged. meaning that the government has no business poking its nose into what those communications are. because it s necessary in order to prepare and have a defense. that s the normal role. is that you have an attorney client privilege, and actually, it s something called the work product privilege, which is similar. however every now and then, although it is rare, the government makes an allegation that the attorney is engaging in those communications, sometimes with the knowing participation of the lawyer, although it s not necessary to have that, but you can have that to engage in crime. meaning that the lawyers
donald trump signed a verification swearing under oath that the information in his federal lawsuit was accurate when donald trump knew that it was not. that is a federal judge saying, the evidence indicates donald trump committed a federal crime with his very signature. and so, now, tonight, the potential for donald trump becoming a criminal defendant has dramatically increased again, at the federal and state level. the case against donald trump for voter fraud in the state of georgia was already strong and now, fulton county district attorney, benny willis, will be able to obtain access to attorney, john eastman s emails, showing that donald trump knew new! that the under oath statement that he made with his signature, about voter fraud, was false! and he knew it s when he signed it! donald trump knew that those numbers were false, before